Senate Bill 2550
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2550
    By Senator King
    8-1811-99                                               See HB
  1                      A bill to be entitled
  2         An act relating to port or aviation
  3         authorities; creating part VII of ch. 163,
  4         F.S.; providing a definition; providing a
  5         purpose; providing for creation of a Port or
  6         Aviation Authority Ad Valorem Tax Improvement
  7         Fund in each county in which a port or aviation
  8         authority is located; providing for deposit of
  9         ad valorem taxes paid by such authority in the
10         fund; authorizing the tax collector to retain
11         an amount for administrative costs; providing
12         for use of such funds by the authority;
13         providing for future review and repeal;
14         providing an effective date.
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16         WHEREAS, utilization of marine ports and aviation
17  facilities for the movement of products, materials, and people
18  is essential for the well-being of the citizens of the State
19  of Florida, and
20         WHEREAS, establishment of both marine ports and
21  airports throughout the state has necessitated expenditure of
22  substantial public funds and created significant land use
23  impacts, which makes it imperative that such facilities
24  continue to be utilized to their fullest potential, and
25         WHEREAS, the expenditure of substantial funds, both
26  public and private, necessary to establish, maintain, and
27  improve such facilities necessitates long-term planning of 30
28  years or more to fully recover and justify said expenditure,
29  and
30         WHEREAS, legal distinctions exist between the ad
31  valorem real and personal property tax liability of publicly
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2550
    8-1811-99                                               See HB
  1  owned ports and airports owned by a county, which are immune
  2  from taxation, and those which are not owned by a county,
  3  which are exempt from taxation, which result in lessees of a
  4  county-owned port or airport not being subject to such taxes
  5  and lessees of non-county-owned ports or airports being
  6  required to pay said taxes, and
  7         WHEREAS, this tax liability puts facilities that are
  8  obligated to collect and pay such taxes at a distinct
  9  competitive disadvantage, both to other facilities within the
10  state and to facilities located in other states, and
11         WHEREAS, the closing of ports and airports or the loss
12  of businesses which may result and has resulted from this
13  legal distinction is adverse to the communities involved and
14  to the state's interests of having viable, competitive, and
15  productive facilities maintained and expanded to meet the
16  needs of the state, and
17         WHEREAS, return of the taxes paid by non-county-owned
18  ports and airports as contemplated by this act would be to
19  public bodies and would be utilized by public bodies for the
20  benefit of publicly owned facilities utilized by the public,
21  NOW, THEREFORE,
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23  Be It Enacted by the Legislature of the State of Florida:
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25         Section 1.  Part VII of chapter 163, Florida Statutes,
26  consisting of sections 163.71, 163.72, 163.73, 163.74, and
27  163.75, is created to read:
28         163.71  Definition.--As used in this part, "port or
29  aviation authority" means a legal entity other than a county
30  existing as a body politic and corporate, created by act of
31  the Legislature, which owns real property or tangible personal
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2550
    8-1811-99                                               See HB
  1  property in this state and which operates either a marine
  2  facility, or an aviation facility, or both, for the
  3  transportation of goods and people.
  4         163.72  Purpose.--The purpose of this part is to
  5  effectuate a level playing field between port and aviation
  6  operations within the state which are owned and operated by
  7  counties, and are therefore immune from the payment of ad
  8  valorem taxes, and those which are owned and operated by a
  9  port or aviation authority, and to further equalize the
10  financial obligations relative to such operations in the state
11  with those operations in other states which do not require the
12  payment of ad valorem taxes, and to assist the port and
13  aviation authorities of this state in attracting and retaining
14  customers that might otherwise relocate.
15         163.73  Port or Aviation Authority Ad Valorem Tax
16  Improvement Fund.--Each county in which a port or aviation
17  authority is located shall establish a Port or Aviation
18  Authority Ad Valorem Tax Improvement Fund. The tax collector
19  of the county shall deposit 95 percent of all ad valorem taxes
20  on real property and tangible personal property paid by the
21  port or aviation authority to all taxing authorities within
22  the county in the fund. The remaining 5 percent of such tax
23  revenues may be retained by the tax collector to cover the
24  costs of administration of the fund. However, any portion of
25  the amount retained by the tax collector for administration
26  which exceeds the actual cost of administering the fund shall
27  be distributed to the various taxing authorities on a pro rata
28  basis.
29         163.74  Use of revenues in the fund.--The tax revenues
30  deposited in the Port or Aviation Authority Ad Valorem Tax
31  Improvement Fund shall be distributed to the port or aviation
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 1999                                  SB 2550
    8-1811-99                                               See HB
  1  authority annually on or before April 1 for taxes payable for
  2  the previous calendar year. The authority shall use these
  3  funds for such public purposes as it deems necessary for the
  4  enhancement of the authority's facilities.
  5         163.75  Future repeal.--This part is repealed on
  6  January 1, 2030, unless reviewed and saved from repeal through
  7  reenactment by the Legislature.
  8         Section 2.  This act shall take effect January 1, 2000.
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11                          HOUSE SUMMARY
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      Provides for creation of a Port or Aviation Authority Ad
13    Valorem Tax Improvement Fund in each county in which a
      port or aviation authority operated by a legislatively
14    created entity other than a county is located. Provides
      for deposit of ad valorem taxes paid by such authority in
15    the fund, for use by the authority to enhance its
      facilities. Authorizes the tax collector to retain an
16    amount for administrative costs. Provides for future
      review and repeal.
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